PROTECTION OF THE RIGHT TO INFORMATIONAL PRIVACY IN ALGERIAN LEGISLATION
Main Article Content
Abstract
The right to privacy is one of the most fundamental human rights, receiving special attention from both national and international legislations as a constitutional right that must be protected against any infringement. Islamic law preceded all positive legal systems in recognizing and safeguarding this right. However, with the advent of advanced technological revolutions that enable state intervention in private life, this right has been increasingly and rapidly violated, posing a significant challenge to its holders and advocates. These violations threaten the social value of privacy, necessitating the establishment of mechanisms to protect informational privacy as a new legal concept amid digital transformation and its associated challenges. Algeria has sought to address these violations and risks through its constitutions and legislation. Accordingly, this study aims to shed light on the most prominent risks and violations affecting privacy worldwide, particularly in Algeria, and to examine the measures taken to protect the right to informational privacy. It also questions whether these measures are sufficient and effective in safeguarding this right.
Article Details
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References
First: Legal Texts
• Official Journal of the People's Democratic Republic of Algeria. (2016). Constitution of the People's Democratic Republic of Algeria.
• Official Journal of the People's Democratic Republic of Algeria. (2020). Constitutional Amendment of 2020, issued by Presidential Decree No. 20-442 dated December 30, 2020, related to the issuance of the constitutional amendment approved by the referendum of November 1, 2020. Issue No. 82.
• Official Journal of the People's Democratic Republic of Algeria. (1975). Ordinance No. 75-58 of September 26, 1975, on the Civil Code, as amended and supplemented.
• Official Journal of the People's Democratic Republic of Algeria. (2018). Law No. 18-07 of June 10, 2018, on the Protection of Natural Persons in the Processing of Personal Data. Issue No. 34.
Second: References
Books
• Ibrahim, K. M. (2004). Cyber Crimes. University Thought House, Egypt.
• Abdel Azim, M. E. (2016). Cyber Crimes Affecting Private Life. Arab Renaissance House, Egypt, 1st edition.
• El-Bahji, I. A. (2005). The Protection of the Right to Privacy in Light of Human Rights and Civil Liability: A Comparative Study. New University Publishing House.
• Al-Zoubi, A. A. (2006). The Right to Privacy in Criminal Law. Modern Book Institution, Lebanon.
• Saleh, M. Z. A. (2016). International Legal Protection of Personal Data on the Internet Between International Treaty Law and National Law. Arab Studies Center, Egypt, 1st edition.
Articles
• Massoudi, H. (2022). Protection and Promotion of the Right to Privacy in the Digital Age: A Review of the UN Human Rights Commission Report in its 28th Session. Journal of Law and Political Science, University of Khenchela, Vol. 9, No. 1.
• Dahbi, K. (2017). The Right to Privacy Against Electronic Attacks: A Comparative Study. Journal of the Research Professor for Legal and Political Studies, Vol. 1, No. 8, December.
• Adnan, S. (2013). Violation of Private Life on the Internet. Damascus University Journal of Economic and Legal Sciences, Vol. 29, No. 3.
• Mbarekiya, M. (2018). Criminal Protection of the Right to Digital Privacy in Algerian Legislation. Journal of Sharia and Economics, Emir Abdelkader University for Islamic Sciences, Constantine, Vol. 9, No. 1.
Theses
• Saidani, N. (2020-2021). Criminal Protection of the Right to Privacy in the Field of Informatics. Doctoral Dissertation in Law, University of Batna 1, Hadj Lakhdar.